Ashlee Walker v. Tx Cypress Creek LLC
Docket 01-25-01038-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-25-01038-CV
Appeal from the County Civil Court at Law No. 4 in Harris County, Texas, dismissed for failure to file an appellate brief and for want of prosecution.
Summary
The First District of Texas dismissed Ashlee Walker's appeal from the County Civil Court at Law No. 4 for failure to prosecute after she did not file an appellate brief or respond to the court's notice and directive to file a brief and motion for extension. The court cited Texas Rules of Appellate Procedure requiring briefs and authorizing dismissal for failure to comply, and it also dismissed any pending motions as moot. The dismissal was issued as a memorandum opinion by a three-justice panel on April 16, 2026.
Issues Decided
- Whether the appeal should be dismissed for failure to file an appellate brief and for want of prosecution.
- Whether pending motions should be dismissed as moot following dismissal of the appeal.
Court's Reasoning
The court relied on the Texas Rules of Appellate Procedure that require an appellant to file a brief and allow dismissal if the appellant fails to prosecute the appeal or comply with court notices. After the Clerk notified Appellant that her brief was overdue and directed her to file the brief and a motion for extension within ten days, Appellant did not respond. Because Appellant failed to file the required brief or otherwise respond, dismissal for want of prosecution was appropriate, and any pending motions became moot.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 38.6(a), 38.8(a), 42.3(b)–(c), 43.2(f)
Parties
- Appellant
- Ashlee Walker
- Appellee
- TX Cypress Creek LLC
- Judge
- Justices Rivas-Molloy, Johnson, and Dokupil (panel)
Key Dates
- Opinion issued
- 2026-04-16
- Clerk's notice of overdue brief
- 2026-03-26
What You Should Do Next
- 1
Consult an attorney immediately
Talk with appellate counsel right away to evaluate whether to seek reinstatement, relief from dismissal, or other post-judgment remedies and to confirm applicable deadlines.
- 2
Consider filing a motion for reinstatement or extension
If there is good cause or excusable neglect for missing the brief deadline, prepare and file a motion asking the court to reinstate the appeal or grant an extension, providing a reasonable explanation and any supporting evidence.
- 3
Verify trial-court judgment status
Confirm whether the underlying trial-court judgment is now final and whether any post-judgment motions or emergency relief are necessary to protect rights while pursuing appellate relief.
Frequently Asked Questions
- What does this decision mean?
- The appellate court ended Walker's appeal because she did not file the required appellate brief or respond to the court's notice, so the appeal is dismissed and the underlying trial court judgment stands unless further relief is pursued.
- Who is affected by this decision?
- Appellant Ashlee Walker is directly affected because her appeal was dismissed; the appellee, TX Cypress Creek LLC, benefits because the appeal is concluded in its favor.
- What happens to motions that were pending in the appeal?
- The court dismissed any pending motions as moot because the entire appeal was dismissed for failure to prosecute.
- Can this dismissal be challenged?
- A dismissed party may seek reinstatement or other relief under the appellate rules, but any challenge must comply with the rules and be filed promptly; consulting counsel immediately is advisable.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 16, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-01038-CV
———————————
ASHLEE WALKER, Appellant
V.
TX CYPRESS CREEK LLC, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1262946
MEMORANDUM OPINION
Appellant Ashlee Walker failed to file a brief. See TEX. R. APP. P. 38.6(a),
38.8(a). On March 26, 2026, the Clerk of this Court notified Appellant that her
appellate brief was past due, and her appeal was subject to dismissal. See TEX. R.
APP. P. 38.8(a), 42.3(b), 43.2(f). We directed Appellant to file her brief and a motion
requesting an extension to file the brief within 10 days of our notice. Appellant did
not respond. See TEX. R. APP. P. 42.3(b), (c).
We dismiss the appeal for want of prosecution for failure to file a brief. See
TEX. R. APP. P. 38.8(a), 42.3(b)–(c), 43.2(f). We dismiss any pending motions as
moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
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